Legal Dictionary

attornment

Legal Definition of attornment

Noun

To consent, implicitly or explicitly, to a transfer of a right. Often used to describe a situation where a tenant, by staying on location after the sale of the leased property, accepts to be a tenant of the new landlord; or where a person consents to ("attorns to") the jurisdiction of a court which would not have otherwise had any authority over that person.

Definition of attornment

Etymology

atorner

Noun

attornment (plural attornments)

(feudal law) The consent of a tenant to the transfer of his relationship to his landlord to another person.

Synonyms

traditio brevi manu

Related terms

attorn

Further reading

Attornment (from Fr. tourner, "to turn"), in English real property law, is the acknowledgment of a new lord by the tenant on the alienation of land. Under the feudal system, the relations of landlord and tenant were to a certain extent reciprocal. So it was considered unreasonable to the tenant to subject him to a new lord without his own approval, and it thus came about that alienation could not take place without the consent of the tenant. Attornment was also extended to all cases of lessees for life or for years. The necessity for attornment was abolished by an act of 1705. The term is now used to indicate an acknowledgment of the existence of the relationship of landlord and tenant. An attornment-clause, in mortgages, is a clause whereby the mortgagor attorns tenant to the mortgagee, thus giving the mortgagee the right to distrain, as an additional security.

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